The Ministry of Labour charged Thomson Metals and Disposal GP Inc. with three offences under the Occupational Health and Safety Act arising from a workplace accident on June 4, 2014, involving a Caterpillar 325B excavator.
The operator's cab became separated from the machine, injuring the worker.
The charges alleged: (1) failure to ensure the equipment was equipped with a seat belt; (2) failure to ensure the operator cabin was securely fastened to the chassis; and (3) failure to take reasonable precautions to ensure bolts and washers met manufacturer's specifications.
After a four-day trial, the court dismissed all three charges, finding that the Crown failed to prove the actus reus beyond a reasonable doubt.
The court determined that there was insufficient evidence that the excavator was originally equipped with a seat belt, and that the bolts and washers were consistent with manufacturer's specifications at the time of purchase.
